INTERVIEW WITH Mr. ROLF EINAR FIFE, HEAD OF DELEGATION OF NORWAY

Question:

We have the privilege to talk with the Head of Delegation of Norway, Mr. Rolf Einar Fife, and we want to ask him first of all about the general situation of the negotiations, since we are in the very crucial moment and maybe the most important day of the five weeks of the Conference. So, Mr. Fife, can you tell us something more about that? Which is the present climate of the Conference?

Answer:

Yes, thank you very much, I agree when you say that we are entering the crucial phase of the Conference. We have now been working basically for three and a half weeks, have made a lot of progress on a number of technical issues, still some technical issues need to be resolved. As of today, we are starting to tackle the fundamental issues, the decisive pressures on what kind of Court do we want to have, what are the criteria for the independence of the Court, for the effectiveness of the Court and for the credibility of the Court. As of today and until the end of the Conference we will really be negotiating on the fundamentals.

Question:

Which means that on the 17th of this month we will be having the Statute and the Court as expected. This is the historical opportunity and as we said at the beginning there is no way going backwards.

Answer:

Yes, you are basically right. The Norwegian delegation firmly believes and is convinced that we will have a Statute by the end of this Conference. Of course the establishment of the Court itself would depend on the mechanism arranged to enforce the Statute, but the Statute will in our view be adopted at the end of this Conference. Of course, there is a number of issues that need to be resolved, some of them are very devicive, very complex, but we do seen a number of encouraging signals showing that there is a real spirit of compromising negotiation out there. All delegations will actually have to move somewhat from the original national positions and attempt to combine to basic thrusts of the work which are on one hand to agree on the independent, credible and effective Court, on the other hand ensure that there is a broad basis of support for this Court, that it reflects the universal approach. And we feel confident that with the contributions we had from all regions, from all countries, from all legal systems, that we are now closing in, narrowing down on a field of negotiation which will lead to good results.

Question:

Mr. Fife, you are chairing the issue of penalties and we know that discussions are still going on and there are also concerning penalties some issues which have to be solved. Which is the present situation concerning this part of negotiation.

Answer:

Yes, I am co-ordinating the work on penalties in a working group which has been establish by the Committee of the Whole. It would not be correct of me to comment on particular aspects of this work which is on-going. However, I am confident by the progress that we have made, we have manage to agree on a number of technical questions which are very important. Well, we still need to find a consensual basis for some penalties and I am confident that we will manage to do so in very close future.

Question:

One more, last question. The Ad- hoc Tribunals have excluded death penalty from their Statutes. This is also expected to be the case of the ICC. So, which is the situation concerning that?

Answer:

In this stage I can only refer to the debates we have had on the issue of the death penalty, which show that there are important differences , a number of states which would favour the death penalty for the most serious crimes and other states who for a number of reasons cannot accept inclusion of the death penalty. At this stage I don't feel that I am in the position to comment any further on that

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